Allen v. Lenox Hill Hospital

Appellate Division of the Supreme Court of New York

Allen v. Lenox Hill Hospital

225 A.D.2d 358, 639 N.Y.2d 21, 639 N.Y.S.2d 21, 1996 N.Y. App. Div. LEXIS 2193

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1996

StatusPublished

This text of 225 A.D.2d 358 (Allen v. Lenox Hill Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Lenox Hill Hospital, 225 A.D.2d 358, 639 N.Y.2d 21, 639 N.Y.S.2d 21, 1996 N.Y. App. Div. LEXIS 2193 (N.Y. Ct. App. 1996).

Pincite

Opinion

On this record, we cannot conclude, as a matter of law, that defendant Bahr did not deviate from accepted medical practice, [359]*359or that such alleged deviation did not contribute to plaintiff patient’s injuring accident "in any way” (Joseph v New York City Tr. Auth., 149 AD2d 669). There are triable issues of fact including that of defendant-appellant’s asserted negligent failure to take steps to restrain plaintiff or to alert his co-defendant "covering” physician of aspects of plaintiff patient’s condition and recent behavior that might have prompted co-defendant to use restraints on the patient or take other, more stringent, precautions. Concur — Rosenberger, J. P., Ellerin, Rubin, Kupferman and Tom, JJ.

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On this record, we cannot conclude, as a matter of law, that defendant Bahr did not deviate from accepted medical practice, [359]*359or that such alleged deviation did not contribute to plaintiff patient’s injuring accident "in any way” (Joseph v New York City Tr. Auth., 149 AD2d 669). There are triable issues of fact including that of defendant-appellant’s asserted negligent failure to take steps to restrain plaintiff or to alert his co-defendant "covering” physician of aspects of plaintiff patient’s condition and recent behavior that might have prompted co-defendant to use restraints on the patient or take other, more stringent, precautions. Concur — Rosenberger, J. P., Ellerin, Rubin, Kupferman and Tom, JJ.

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Bluebook (online)

225 A.D.2d 358, 639 N.Y.2d 21, 639 N.Y.S.2d 21, 1996 N.Y. App. Div. LEXIS 2193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-lenox-hill-hospital-nyappdiv-1996.

Opinion

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